RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20040921
NAME: XXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200388
BOARD DATE: 20121211
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (63J20/Quartermaster and Chemical
Equipment Repairer) medically separated for bilateral knee pain with early degenerative
osteoarthritis (OA). The bilateral knee pain did not improve adequately with treatment to meet
the physical requirements of his Military Occupational Specialty (MOS) or satisfy physical fitness
standards. He was issued a permanent L3 profile and referred for a Medical Evaluation Board
(MEB). The MEB determined that the bilateral knees early degenerative joint disease (DJD) did
not meet retention standards and forwarded this condition to the Physical Evaluation Board
(PEB). Degenerative disc disease (DDD) lumbar spine, spondylosis cervical spine, residual
shoulder pain status/post (s/p) subacromial decompression of both shoulders, right eye corneal
scar, hand arthralgias, varicocele, labile blood pressure, and onychomycosis, were forwarded by
the MEB as meeting retention standards. The PEB adjudicated the bilateral knee pain with
early degenerative OA as unfitting, rated 10%, with probable application of the US Army
Physical Disability Agency (USAPDA) pain policy. The remaining conditions were determined to
be not unfitting. The CI made no appeals, and was medically separated with a 10% disability
rating.
CI CONTENTION: “Was told by the med board when I was discharged from the Army that VA
would pickup all of these items on their ratings. The med board told me that they could only
med board me out for what was on my P‐3, that was my knee. It is inaccurate because,
20050110‐1st VA award of 60% overall rating. I was not rated for my mild degenerative disc
disease L5‐S‐1 10%, subacromial decompression left shoulder 10% and right shoulder 10%,
cervical myofascial strain 20%, bilateral hand 0%, central corneal scar right eye 0%, gastritis 0%,
bilateral small hydroceles 0%, onychomycosis right big toe 0%, degenerative arthritis left knee
10%, degenerative arthritis right knee 10%, labile blood pressure denied, and residuals from
antimalarial medication denied.”
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in DoDI
6040.44, Enclosure 3, paragraph 5.e.(2) is limited to those conditions which were determined
by the PEB to be specifically unfitting for continued military service; or, when requested by the
CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings
for unfitting conditions will be reviewed in all cases. The listed unfitting conditions, as
requested for consideration, meet the criteria prescribed in DoDI 6040.44 for Board purview
and are addressed below, in addition to a review of the ratings for the unfitting knee pain. The
remaining conditions rated by the VA at separation and listed on the DA Form 294 application
are not within the Board’s purview. Any conditions or contention not requested in this
application, or otherwise outside the Board’s defined scope of review, remain eligible for future
consideration by the Army Board for Correction of Military Records.
VA (19 Days Pre‐Separation) – All Effective Date 20040922
Condition
R/Knee, RPPS
L/Knee Degenerative Arthritis
Mild DDD L5‐S1, L‐Spine
Cervical myofascial strain
L Subacromial decompression
R Subacromial decompression
Small central corneal scar, right
Bil hand overuse syndrome
Bil small hydroceles
Code
5019‐5260
5010‐5260
5243%
5237
5201
5201
6099‐6001
5099‐5003
7599‐7525
Rating
10%*
10%*
10%**
20%***
10%^
10%^^
0%
0%^^^
0%
0%
Exam
20040903
20040903
20040903
20040903
20040903
20040903
20040820
20040903
20040903
20040903
20040903
RATING COMPARISON:
Rating
10%
Service FPEB – Dated 20040522
Condition
Bilateral knee pain
w/early degenerative OA
DDD lumbar spine
Spondylosis cervical spine
Bilateral shoulder pain s/p
decompression
Right eye corneal scar
Hand arthralgias
Varicocele
Labile blood pressure
Onychomycosis
Code
5003
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Onychomycosis, R big toenail
7813
Not Service‐Connected
0% X 5 / Not Service‐Connected x 2 (At separation)
Combined: 60%#
*20% from 20060510, 50% from 200804522. **40% from 20060510. ***30% from 20080522. ^20% from 20060510, 30%
from 200804522. ^^30% from 20060510. ^^^10% from 20050413; # 90% from 20060510, 100% from 200804522.
ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit
and vital fighting force. While the DES considers all of the member's medical conditions,
compensation can only be offered for those medical conditions that cut short a member’s
career, and then only to the degree of severity present at the time of final disposition. The DES
has neither the role nor the authority to compensate members for anticipated future severity
or potential complications of conditions resulting in medical separation nor for conditions
determined to be service‐connected by the Department of Veterans Affairs (DVA) but not
determined to be unfitting by the PEB. However the DVA, operating under a different set of
laws (Title 38, United States Code), is empowered to compensate all service‐connected
conditions and to periodically re‐evaluate said conditions for the purpose of adjusting the
Veteran’s disability rating should his degree of impairment vary over time. The Board’s role is
confined to the review of medical records and all evidence at hand to assess the fairness of PEB
rating determinations, compared to VASRD standards, based on severity at the time of
separation. The Board utilizes DVA evidence proximal to separation in arriving at its
recommendations; and, DoDI 6040.44 defines a 12‐month interval for special consideration to
post‐separation evidence. The Board’s authority as defined in DoDI 6044.40, however, resides
in evaluating the fairness of DES fitness determinations and rating decisions for disability at the
time of separation. Post‐separation evidence therefore is probative only to the extent that it
reasonably reflects the disability and fitness implications at the time of separation. The Board
has neither the jurisdiction nor authority to scrutinize or render opinions in reference to the CI’s
statements in the application regarding suspected DES improprieties in the processing of his
case.
Bilateral knee pain with early degenerative osteoarthritis. There were three goniometric range‐
of‐motion (ROM) evaluations in evidence, with documentation of additional ratable criteria,
which the Board weighed in arriving at its rating recommendation; as summarized in the chart
below.
Knee ROM
Degrees
Flexion (140 Normal)
Extension (0 Normal)
Comment
§4.71a Rating
PT ~20 Mo. Pre‐Sep
MEB ~7 Mo. Pre‐Sep
VA C&P <1 Mo. Pre‐Sep
Left
130
0
10%
Right
130
0
10%
Left
130
0
10%
Right
130
0
10%
Left
Right
140
0
10%
140
0
10%
Flexion decreased to 130 after
repetition
2 PD1200388
The CI has a history of left greater than right knee pain since 1993 when he was diagnosed with
retropatellar pain syndrome (RPPS) after overuse. He was seen periodically over the next 9
years and treated with duty limitations, physical therapy (PT) and medications. He was seen in
orthopedics on 2 December 2002 and diagnosed with anterior knee pain. Flexion was slightly
reduced at 130 degrees, but testing for ligamentous instability and meniscal irritation was
negative. X‐rays of both knees were normal. He was seen again in orthopedics on 29 January
2003 with an unchanged examination; the diagnosis of RPPS was confirmed. Magnetic
resonance imaging (MRI) on 24 March 2003 showed two subtle subchondral cysts consistent
with degenerative joint disease (DJD). A possible tear of the posterior horn of the medial
meniscus was also noted. He was next seen on 19 September 2003, a year prior to separation,
in orthopedics and reclassification was recommended. The MOS Medical Retention Board
(MMRB) recommended MEB. At the MEB exam, the CI reported bilateral knee pain. The MEB
examiner noted a positive patellar compression test on the right and positive patellar grind on
the left. No laxity was noted; the ROM was symmetric at 130 degrees of flexion, slightly
reduced from the VA normal of 140 degrees. The narrative summary (NARSUM) was dictated
on 4 May 2004, 4 months prior to separation. He reported constant bilateral knee pain and
swelling aggravated by activity including walking more than three miles. It was noted that he
had been evaluated several times for generalized arthralgias without a diagnosis. He was noted
to be stable and to have early DJD of the knees that fell below retention standards. At the VA
Compensation and Pension (C&P) examination on 3 September 2004, 3 weeks prior to
separation, the CI reported that he could walk about a mile before the onset of pain and that
there were no impact activities permitted. Posture and gait were normal. On imaging, the right
knee X‐ray was normal and left showed early DJD. Motor function was normal and tests for
ligamentous instability and meniscal injury were negative. He was thought to have early left
knee DJD and right knee RPPS. The Board directs attention to its rating recommendation based
on the above evidence. The PEB coded the bilateral knee pain as 5003, degenerative arthritis,
and rated it at 10%. The VA rated each knee separately at 10% and coded them as 5019‐5260
and 5010‐5260 for the right and left knees, respectively. (5010 – traumatic arthritis; 5019 –
bursitis; 5260 – limitation of flexion). The Board noted that the commander cited both knees as
impairing duty, that both were profiled and that the PEB determined bilateral knee pain to be
unfitting. Accordingly, the Board determined it appropriate to rate each separately. The Board
considered the different coding options available for the knee conditions; none offered a higher
rating than the use of the PEB code 5003 for each knee and a rating of 10% for painful, limited
motion. After due deliberation, considering all of the evidence and mindful of VASRD §4.3
(reasonable doubt) and 4.59 (painful motion), the Board recommends a disability rating of 10%
each knee for the bilateral knee pain condition, retaining the PEB code of 5003. After due
deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the
Board concluded that there was insufficient cause to recommend a change in the PEB
adjudication for the bilateral knee condition.
Contended PEB Conditions. The contended conditions adjudicated as not unfitting by the PEB
and eligible for Board consideration were DDD lumbar spine, spondylosis cervical spine, residual
shoulder pain s/p subacromial decompression of both shoulders, right eye corneal scar, hand
arthralgias, varicocele, labile blood pressure, and onychomycosis. The Board’s first charge with
respect to these conditions is an assessment of the appropriateness of the PEB’s fitness
adjudications. The Board’s threshold for countering fitness determinations is higher than the
VASRD §4.3 (reasonable doubt) standard used for its rating recommendations, but remains
adherent to the DoDI 6040.44 “fair and equitable” standard. The CI had left and right
subacromial decompressions in the year prior to separation. At the 31 March 2004 orthopedic
follow‐up, he was noted to be recovering well. The CI was last seen specifically for the neck and
back conditions 11 months prior to separation. There was no evidence that the corneal scar
impaired duty; vision remained normal other than a refractive shift seen in both eyes. There
was no diagnosis for the hand pain; the CI was seen for the varicocele 6 years prior to
separation; the hypertension was mild and did not require treatment; there is no record that
3 PD1200388
the CI was seen for the onychomycosis while on active duty. None of these conditions were
implicated in the commander’s statement and none were judged to fail retention standards by
the MEB. The neck was given a P2 profile a year prior to separation which expired 10 months
prior to separation. The shoulders were profiled as U3 11 months prior to separation and this
profile expired 8 months prior to separation. All conditions were reviewed by the action officer
and considered by the Board. There was no indication from the record that any of these
conditions significantly interfered with satisfactory duty performance. After due deliberation in
consideration of the preponderance of the evidence, the Board concluded that there was
insufficient cause to recommend a change in the PEB fitness determination for the any of the
contended conditions; therefore, no additional disability ratings can be recommended.
BOARD FINDINGS: IAW DoDI 6040.44, provisions of DoD or Military Department regulations or
guidelines relied upon by the PEB will not be considered by the Board to the extent they were
inconsistent with the VASRD in effect at the time of the adjudication. As discussed above,
probable PEB reliance on the USAPDA pain policy for rating the knees was operant in this case
and the condition was adjudicated independently of that policy by the Board. In the matter of
the left and right knee pain conditions, the Board unanimously recommends a disability rating
of 10% for each knee, coded 5003 IAW VASRD §4.71a. In the matter of the contended DDD
lumbar spine, spondylosis cervical spine, residual shoulder pain status/post subacromial
decompression of the shoulders, right eye corneal scar, hand arthralgias, varicocele, labile
blood pressure, and onychomycosis conditions, the Board unanimously recommends no change
from the PEB determinations as not unfitting. There were no other conditions within the
Board’s scope of review for consideration.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of his prior medical separation:
VASRD CODE RATING
10%
10%
20%
5003
5003
COMBINED (w/ BLF)
UNFITTING CONDITION
Left Knee Pain With Early Degenerative Osteoarthritis
Right Knee Pain From RPPS
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120423, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
4 PD1200388
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXX, AR20130000095 (PD201200388)
1. I have reviewed the enclosed Department of Defense Physical Disability Board of Review
(DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.
Under the authority of Title 10, United States Code, section 1554a, I accept the Board’s
recommendation to modify the individual’s disability rating 20% without recharacterization of
the individual’s separation. This decision is final.
2. I direct that all the Department of the Army records of the individual concerned be corrected
accordingly no later than 120 days from the date of this memorandum.
3. I request that a copy of the corrections and any related correspondence be provided to the
individual concerned, counsel (if any), any Members of Congress who have shown interest, and
to the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200388
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AF | PDBR | CY2014 | PD-2014-00630
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